Our Approach

Once you have decided to see if filing for bankruptcy is the best choice for you, it is important that you retain an experienced Delaware bankruptcy lawyer. The attorneys at Giordano, DelCollo, Werb & Gagne, LLC have decades of experience helping those in financial trouble to seek relief from creditors. Rely on our experience during this difficult time to help you stop creditor harassment, avoid lawsuits and in many cases prevent foreclosure of your home.

Filing for Chapter 7 Bankruptcy in Delaware

We will begin with a free consultation wherein we will determine that you are best suited to file for Chapter 7 Bankruptcy. Once we agree on a way forward, you will retain us as your bankruptcy lawyer so we can work with the Delaware bankruptcy court on your behalf.

Once we are working for you, we will get a look at your financial situation by examining assets, pay stubs, tax returns, debts and even child support and alimony payments.

Before we file, you must take a Debtor Education Course which is mandatory. There are many websites that offer online courses which will generate a certificate upon completion. Don’t worry. The course is generally under an hour and the fees are usually less than $50.

We then prepare and file the Chapter 7 Bankruptcy Petition as well as all statements, schedules and additional forms related to this process. Once your case is filed with the court, your current creditors will be notified of your Chapter 7 filing in Delaware, at which point you will receive temporary relief from creditor harassment.

Once we have filed, you will be given a date for a 341 hearing (sometimes referred to as “Meeting of Creditors”, through creditors rarely make an appearance at this meeting). At this hearing, we will present all of the documents related to your Chapter 7 bankruptcy filing to a Chapter 7 trustee. Any of your nonexempt property will be turned over to the trustee. It is the responsibility of the trustee to sell that property and use the proceeds to pay down your debt.

Within 60 days of the 341 hearing, you must complete a Debtor Education Course or Personal Financial Management Course. Again, this course is generally under $50 and can be completed online or over the telephone.

After 60 days from the 341 hearing, if there are no legitimate objections from any party, a judge signs an order discharging your debts. Known as an Order of Discharge, this means that your creditors are legally prohibited from attempting to collect debts or even contact you moving forward.

Filing for Chapter 13 Bankruptcy in Delaware

We will begin with a free consultation wherein we will determine that you are best suited to file forChapter 13 Bankruptcy in Delaware. So that we may work with the Delaware bankruptcy court on your behalf, you will retain us as your bankruptcy lawyer.

We will begin working for you by looking at your financial situation. This means examining assets, pay stubs, tax returns, debts and even child support and alimony payments. Generally with those filing for Chapter 13 Bankruptcy, the debtor’s income and assets make it feasible to pay off creditors over a period of time, usually about three to five years.

However, before we file the petition, you must complete a mandatory pre-file Debtor Education Course. There are a number of websites that offer courses online. These courses are normally under an hour and the fees are generally less than $50.

Once we have your course certificate, we then prepare and file the Chapter 13 Bankruptcy Petition as well as all statements, schedules and additional forms. Once your case is filed, your current creditors will be notified of your Chapter 13 filing in Delaware, and you will receive temporary relief from creditor harassment.

You will then receive a date for a 341 hearing. At this hearing, we will present all of the documents related to your Chapter 13 bankruptcy filing to a Chapter 13 trustee.

You will make payments to the trustee over a period of three to five years. The trustee will see to your debts being satisfied according to the terms of your plan as you receive protection under Delaware Bankruptcy Laws.

During your period of debt repayment, you must complete a Debtor Education Course or Personal Financial Management Course. Again, this course is usually no more than $50 and can be completed online or over the phone.

Once your payments are complete, we will help you in working with the court to schedule a judge to sign your discharge order, thus completing your Chapter 13 program.